Debt Inheritance

[estrix]

In the state of NY, if a family member is named as beneficiary in a will, does that family member automatically inherit any debts the testator has at the time of his/her death?

And how about if the person dies intestate instead? Are his/her debts passed on to family members?

Both these question presume that no one has assumed, or agreed to assume, any such debts in advance.

Please help.

 

[lwpat]

Debts of the deceased are the responsibility of the estate. All debts must be paid out of the estate before any distribution to the heirs. If your aunt leaves you a diamond ring it can be sold if required to pay her debts and you get nothing.

The heirs are not personally responsible for the debts.